The federal government and state governments have instituted rules governing the use of criminal history information. In addition to laws such as the Fair Credit Reporting Act, North Dakota adheres to a few additional guidelines and restrictions for employers. We’ve outlined these restrictions below.
Usage of Arrest and Conviction Records
Employers are free to ask about arrests (except for sealed cases) but only information about arrests that generated a conviction is available through a North Dakota state background check. Information about arrests which led to a dismissal of charges or any other non-conviction outcome is not made available and employers should be careful when considering only arrests.
Private employers may inquire into and consider all felony criminal records during the decision-making process, but not
No employer, public or private, may inquire into records which have been sealed or expunged by the court. Similarly, employers may not consider arrests or incidents which resulted in the defendant entering a pre-trial diversion program. Applicants face no requirement to disclose such items. North Dakota law excludes juvenile records from criminal background checks.
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